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STATE OF NEW- YORK. 



No. 106. 
IN SENATE, 

May 18, 1S36. 



REPORT 

Of the joint committee of the Senate and Assembly 
on so much of the Governor's message as relates to 
domestic slavery. 

Mr. Mack, from the joint committee of the Senate and Assem- 
bly, to whom were referred so much of the Governor's message 
as relates to the constitutional rights and the safety of the States 
in respect to domestic slavery, and sundry communications from 
the States of Virginia, Ohio, Maine, &.c, upon the same subject, 

REPORTED: 

Concurring in the views and sentiments which were so fully and 
ably expressed upon this subject in the message of his excellency 
the Governor, and witnessing the salutary influence which the pa- 
triotic stand thus taken by our Chief Magistrate, and other causes, 
were exerting upon the public mind to arrest the progress of abo- 
lition doctrines and efforts, the committee have not deemed it in- 
cumbent upon them to report at an earlier period of the session: 
Nor do they now consider it their duty to occupy ground which 
may revive unpleasant and unprofitable controversy, and disturb 
that healthful state of public sentiment, upon a hitherto exciting 
topic, which seems so happily to exist. 

The committee may repeat, as peculiarly applicable at the pre- 
sent time, the declarations of his excellency the Governor, that 
" our constituents have expressed their enlightened and deliberate 
judgment upon the subject under consideration;" that, "with an 

[Senate, No. 106.] A 



earnestness and unanimity never before witnessed among us, they 
have, without distinction of sect or party, in their primary assem- 
blies, and in various otiier ways, expressed their attachment to the 
constitution of the federal government; their determination to 
maintain its guarantees; their disapprobation of the whole system 
of operations set on foot by the abolitionists; theii affection for 
their brethren of the south; and their fixed purpose to do all that 
in them lies, consistently with law and justice, to render these sen- 
timents effectual;" and that "it is not to be believed that these ma- 
nifestations oJ~ public sentiment have been or will be disregarded by 
those who have been engaged in. or given countenance to, the aboli- 
tion proceedings." 

"I am fully persuaded (observes his excellency,) that the pow- 
ful energies of public opinion, as it has been called forth through- 
out the whole State, have already produced most salutary effects, 
in disabusing many persoi s who had inconsiderately concurred in 
the visionary schemes of ihe abolitionists.'" 

And, he adds: 

" Relying on the influence of a sound and enlightened public 
opinion, to restrain and control the misconduct of the citizens of 
a free government, especially when directed, as it has been in this 
case, with unexampled energy and unanimity to the particular 
evils under consideration, and perceiving that its operations have 
been thus far salutary, I entertain the best hopes that this reme- 
dy, of itself, will remove these evils, or render them compara- 
tively harmless." 

The result has demonstrated to every impartial observer, that 
this reliance upon the virtue, intelligence and patriotism of the 
people of this State, was founded upon a just estimation of their 
character. 

Public opinion — ''enlightened public opinion" — is the conserva- 
tive principle of free government. Without its sustaining power, 
the proudest and purest constitution which the wisdom of man 
could devise, would be as indefinite and unstable as an oral com- 
pact; and the strongest and most rigid laws that could be framed 
in ;iccordance with its restrictions and obligations, would be weak 
and fragile as spiders' webs. To this tribunal may be appropriate- 
ly and safely referred all errors and differences of opinion — all 

D. of D. 

MN 9 1917 



No. 106.] * 

mental agitations and discussions which involve religious creeds — 
abstract political rights, or measures of public policy. 

But a just, a liberal and an enlightened condition of public opi- 
nion, cannot be produced or sustained, except where a free press 
is recognized and cherished in harmonious alliance with the con- 
stitution and the laws. The " liberty of speech and of the press" 
is guarantied by the Constitution of this State and that of the 
United States: and it is a most delicate and difficult task of dis- 
crimination for legislators to determine at what point this ration- 
al and constitutional liberty terminates, and venality and licen- 
tiousness begin. It is indeed more safe to tolerate the licentious- 
ness of the press than to abridge its freedom; for a corrective of 
the evil will be generally found in the force of truth and the in- 
fluence of those moral principles and energies which unrestrained 
discussion seldom fails to elicit. 

It has not, therefore, been at any time the intention of the com- 
mittee, nor do they believe it would comport with the views of 
any member of the government, to recommend the adoption of any 
measure which should " restrain or abridge the liberty of speech 
or of the press," as secured by the Constitution, and deeply inter- 
woven with the institutions and habits of the people. They are 
well persuaded, that the efforts of designing faction, of unchasten- 
ed ambition, of false philanthropy and misguided zeal, to disturb 
the peace and endanger the safety of our sister States of the South, 
and involve us in serious difficulties with them, have so far yielded 
to rational reflection and the force of public sentiment as to ren- 
der legislation upon this subject unnecessary and inexpedient. 

But in justice to themselves and to the occasion, the committee 
must express their accordance with the opinion of his excellency 
the Governor, " that the Legislature possesses the power to pass 
such penal laws as will have the effect of preventing the citizens 
of this State and residents within it, from availing themselves, 
with impunity, of the protection of its sovereignty and laws, while 
they are actually employed in exciting insurrection and sedition in 
a sister State, or engaged in treasonable enterprises, intended to 
be executed therein." 

What point of obligation, what degree of danger or of necessi- 
ty, may justify the exercise of this power, and to what extent it 
may be carried consistently with the letter or spirit of the Con- 



4 [Senate 

stitution, the committee are not now called upon to determine. 
The crisis which may demand and justify its exercise, they trust 
is far distant: most fervently do they hope it may never arrive. 

The people of this State, by their ready and numerous manifes- 
tations upon the subject under consideration, have furnished re- 
newed and honorable evidence of their attachment to the Union. 
They have "frowned indignantly upon the first dawnings " of an 
insidious attempt to separate them from those with whom their 
welfare and prosperity are identified. They have, without reli- 
gious or political distinction, declared their readiness to forego and 
to discountenance the exercise of abstract rights and the discus- 
sion of speculative doctrines, which are calculated to disturb those 
domestic relations of other States that are recognized and guaran- 
tied by the Constitution, and to endanger the peace, the prosperity, 
and the lives of their citizens: And should occasion require, they 
will be found ready, in the same spirit of forbearance, under a deep 
sense of the obligations which rest upon them as christians and as 
patriots, to make further sacrifices and to incur greater responsi- 
bilities, to strengthen those bonds which constitute as one the 
American people, and to cherish and perpetuate our free and hap- 
py form of government. 

The committee, therefore, find themselves relieved from all pain- 
ful responsibilities, and respectfully recommend to the Legislature 
the adoption of the following 

RESOLUTIONS: 

Resolved, by the Senate and Assembly of the State of New- 
York: 

1. That the views and sentiments contained in the late annual 
message of the Governor of this State, recognizing the constitu- 
tional right of the several States of the Union to regulate and con- 
trol, within their own limits, the relations of master and slave, and 
to continue or abolish the same, as the governments of those States 
may respectively deem consistent with their duty, safety and wel- 
fare, meet the full and cordial concurrence of this Legislature. 

2. That the people of this State, by responding, with unexam- 
pled unanimity, to those views and sentiments, and manifesting 
their determination to abstain from and to discountenance, those 
political agitations and public discussions of the subject of domes- 



No. 106.] 5 

tic slavery, which were calculated to produce an excitin* an } m 
proper and a pernicious influence within the li m its of oZ ZZ 
ve g.ven to the Union stronger guaranties than law U M ' 
nsh and rendered present legislation upon the subject, by their re 
presentaUves, unnecessary and inexpedient. * 

3- That the Governor be requested to transmit a copy of ,he 
foregoing report and resolutions to each of the Senators and R, 
presentanvesof ,h is State in Congress; and a.so c / ^ 
Exeeut.ve of each of the States of the Union, with a eoLt t ! 
they be submitted to the respective Legislates he e 7 '"" 



54 




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